N.H. Admin. Code § Hum 313.01

Current through Register No. 50, December 12, 2024

Section Hum 313.01 - Motions for Waiver of Rules

(a) Any party or other participant in a public adjudicative hearing wishing a waiver of one or more rules in this chapter shall request such a waiver by:

(1) Submitting a written motion complying with (b) below; or

(2) If time is insufficient for the submission of a written motion and of objections thereto, making an oral motion stating:

a.The rule to be waived;

b.The purpose of the waiver request; and

b.The likely impact on all parties of the requested waiver.

(b) A written motion for waiver of a rule shall:

(1) Be filed not later than 15 days prior to the anticipated application of the rule to be waived;

(2) Be addressed to the investigating commissioner or staff person who is responsible for applying the rule to be waived;

(3) Be provided to all other parties together with a request for concurrence;

(4) Recite the rule to be waived;

(5) State the purpose of the waiver request;

(6) State the likely impact on all parties of the requested waiver;

(7) State compliance with the requirement to seek concurrence; and

(8) If thought by its proponent, be accompanied by memoranda, documents and copies of cited court opinion.

(c) Objections to written motions for waiver of rules shall be filed within 10 days of the filing date of the motion.

N.H. Admin. Code § Hum 313.01

(See Revision Note at chapter heading for Hum 300) #8815-A, eff 2-3-07